N-400 form question

[LLbeans 2]

Hi Everyone:

Please help.

I have a complicated question about "Since becoming a lawful PR, have you ever failed to file a required tax return".

Here is my situation: my husband and I have a small business -- so we pay tax estimates every quarter. Back in the first quarter of 09 (before I became a LPR), when we mailed the check to IRS for the 1st quarter estimate -- somehow IRS thought it was a payment for 2008, and sent us a check in June 2010 together with 2009 tax return. Sadly, we didn't realize anything until Aug 2010 when we get a letter from IRS saying we owe them $$$ for 2009 return. We called IRS and finally realized what happened, and of course paid IRS in full right away.

So the question is -- should I answer "Yes" to this question or "No"? I am a little worried about this.

thanks!!

[UnderProcess 0]

We had similar problem but IRS was asking us money for 2007 year! Our tax preparer sent them mails couple of times but they never respond to it. Then, they put us later with collection agency asking us to pay amount of money that we think we don't owe them! Anyhow, problem was finally solved in 2010.

In my N-400, I answered No to that question! and It went OK with me!

[bigdog 376]

I would say not, you have physical proof of filing, paying etc. just make sure you are current. Good Luck on your removing of conditions.

[LLbeans 2]

Thanks guys for your answer! It makes me feel much better now!

[Brother Hesekiel 2,236]

This question has one purpose: to establish if the resident applying to become a U.S. citizen owes money to Uncle Sam, or, more precisely, is not in good standing. Owing back taxes is not a problem, as long as a payment plan has been made and all is going as scheduled.

If you understand the rationale behind the question, you'll also understand why no time frame is mentioned.

You file your 2007 taxes 6 months late. The IRS charges you interest and imposes a penalty.

You pay everything in 2008.

So I ask you in 2010 if you ever failed to file an income tax return, the correct answer is NO. You did file, you paid. Yes, you filed late, and you had to pay more because of it, but you did not fail to file. The question is not if you ever filed late; the question is if you ever failed to file. As so many questions from the immigration folks (read: this ), a bit of common sense is required to navigate around it.

[LLbeans 2]

Wow, thanks Brother Hesekiel, you really helped me understand this question!